ment, dispose of that temporal estate He hath been pleased in much mercy to bless me withal. I have all that my Messuage, or Tenement and Farm, of all those Lands, Tenements and Hereditaments, with all the appurtenances thereunto belonging, or therewith used, occupied or enjoyed, as part, parcel, or meinber thereof, commonly called or known by the name or names of Burford and Boxland, situate, lying, and being in the parish of Mickleham aforesaid, and all other my Freehold Messuages, Lands, Tenements, and Hereditaments whatsoever, within the said parish of Mickleham, with the appurtenances, to have and to hold during her natural life, if she continues a widow so long; and upon her decease or marriage, to my son James and his heirs, he paying within six months after he comes to the possession of the said estate 2001. to his brother my son John." "A. B. died Oct. 20, 1722; and on Dec. 3 following, his widow and relict also died. Whereupon James, the said Testator's younger son, being then of the age of 18 years, received the rents and profits of the said estate from J. B. esq. the Testator's brother, in whose name the said estate was purchased in trust for the said Testator, and in whom the legal right was to the day of James's death, he having never made any conveyance thereof to the Testator's widow, or the said James the son. "That the said James, about two years after his mother's decease, at the age of 21, died likewise, without having paid to his elder brother John the 2004, or any part thereof, mentioned in the said Will to be paid to him by the said James within six months after he should come to the possession of the said estate. "That the said James, by his Will, neither dated, signed, nor sealed, but ali of his own hand-writing, (and for the validity whereof sentence has been given in Doctors' Commons), bequeaths several legacies, and among the rest 200l. to charitable uses, no mention being made therein of the estate given him by his father's Will, but only in general words leaves his cabinet of medals to his dear friend Mr. W. B. junior, to whom he bequeaths all his other goods and chattels whatso~ ever, and appoints him likewise executor of his last Will and Testament. "That, without the said estate, there will not be assets sufficient to discharge his legacies; notwithstanding which, the said John the brother not only claims the said estate, but also the 2001. with interest for the same, and 401. being a legacy left him by his said brother James's Will. Query, Is James's Will sufficient to convey to his Executor the said Estate held in Trust, to enable him to fulfil the said Will; or must it go to the brother John as heir at law, in prejudice to the said charities and legacies ?" Answer. "This Will is not sufficient to pass lands of freehold or inheritance, not being signed or executed according to the been a miserable sinner, God he knows, and unworthy of the least of those many mercies he has the statute, and it therefore descends to the heir at law John, and not affected with the charities or other legacies." "II. If the trust of the estate descends to John the heir at law, is it not sufficiently implied in his father's Will that the 2001. legacy he bequeaths to the said John should be an incumbrance on the estate bequeathed to James? Can John therefore claim the said 2001. as a debt of James's executor, when he possesses that estate which seems to be charged with the very incumbrance he claims? Or, farther, may not James's neglect to pay the said 2001. (that is, to perform the conditions by which he was to hold the said estate) be interpreted as a refusal to accept of that estate, to which his father had annexed such conditions? Or shall his receiving the rents and profits of the estate during his minority be looked upon as an acceptance of that estate, which was never made over to him, and the profits whereof he never received after he came of age." Answer. "I think, the land devised to James being charged with the 2001. and the land so charged descending to John (to whom the 200l. was also payable) it amounts to an extinguishment or satisfaction of the 2001. and all interest due on that account, and cannot be claimed by John of the executor of James." "III. If the 2001, is likewise due to John as a debt from James, is James's executor obliged to pay interest for the said 2001. to the claimant John any longer than to the time of the said James's death, provided the executor has made no interest of the said money; and especially considering that the claimant John, by litigating his brother's Will for near half a year, hindered the executor from paying either interest or principal ?" Answer. "I think Jaines's executor is liable to pay neither principal nor interest.” "IV. When was James, according to the words of his father's Will, possessed of the estate? Was it from the time he received rents and profits of the said estate, which was from the Michaelmas before his father, who gave it him, died, his father and mother both dying between Michaelmas and Christmas? Or was he not rather then only possessed of it, when his mother, who during her life was the obstacle to his possessing it, was dead? Or, lastly, was he, or could he be possessed of it, before he was of the age of 21? Consequently, must the interest the elder brother John claims with the 2001. commence from six months after the Michaelmas which preceded his father's death, or from six months after the younger brother James came of age?" Answer. "James was possessed of the estate within the meaning of the Will when the mother died, and the devise to him took place; and whether he was 21 or not, as long as he was entitled to the rents and profits, it was sufficient; and if James vouchsafed me all my life long; yet humbly hope for the greatest of all, even the salvation of my James had lived, John might have demanded interest from six months after his mother's death; but he dying, and the estate out of which both principal and interest was to be paid coming to John, the demand, I think, is extinguished. THOMAS LUTWYCHE, April 25, 1726.” The whole progress of this business reflects honour on the integrity of Mr. Bowyer; but his conduct to the unprovided sister deserves to be particularly known. I have now before me an exact debtor and creditor accompt* of the whole of his executorship, by which it appears that he not only paid to Margaret Bonwicke 214. Ss. the whole surplus which remained after all the other legacies were paid, and added 10l. to it as a free gift, but, at the distance of thirty years, made up the sum which her brother had most probably intended for her. This circumstance is confirmed by the following remarkable receipt: "Whereas a legacy of Sixty Pounds was probably intended to have been left to my wife Margaret, when a maiden, by her brother Mr. James Bonwicke, who died January 1724-5; but her name beng omitted in his Will, and there not being assets sufficient to pay the whole of the said intended legacy, she gave a discharge in full to bis executor Mr. William Bowyer, May 23, 1729, on receiving Twenty-one Pounds Eight Shillings, being the whole surplus which remained after the other Legacies were paid: * I shall transcribe a few Items from this accompt. Sold Mrs. Winny a pair of black buttons........ And 2 51 Received of the Administrators of Mr. Ambrose Bonwicke and for household goods... for eatables and drinkables of Mr. Woodward for books of Mr. Bonwicke, bookseller.. of Mr. May for MS Sermons. Per Contra, Paid for my journey to London upon Mr. Bonwicke's horse, waterage to and from Vauxhall, and putting up the horse at the Vine.. Paid neighbour Martyr's score.. Paid Goody Hubbard, for her trouble in attending Mr. James Bonweke during his last sickness.... .146 O 0 ..4 15 0 102 2 0 185 0 0 .7 7 0 12 0 0 Creditor. 029 ....1 11 3 } 0 10 6 0 1 .3 3 0 Spent at a coffee-house, waiting for Mr. Stubbs } whereas poor soul, through the merits of our blessed Re→ deemer Jesus Christ. I give and bequeath to my sisters Thea and Winny, to each of them the sum of Sixty Pounds, to be paid them immediately upon my decease; to my sister Molly the like sum, to be disposed to her own private advantage in a small settlement; to my sister Betty the sum of Twenty Pounds at my death, and Forty more at the birth of her first child; to my sisters Henny the like sum, to be paid, one moiety at my decease, and the other at the day of marriage, if they marry with consent of my uncle James Bonwicke, esq.; to my brother John Forty Pounds, to be paid when he shall have been settled one whole year in some business with the approbation of my uncle; to my grandmother Stubbs, and uncle Mr. Samuel Stubbs, and my godson James Jones, to each of them Twenty Pounds; and to Mrs. Sarah Norton Ten Pounds, to be laid out for her private use; I de whereas the said William Bowyer did, out of his own good will, pay at the same time, and at his own expence, Ten Pounds more in aid of the said intended legacy; and afterwards, on or about July 16, 1747, did give to my said wife Margaret Four Pounds Five Shillings more out of the second dividend made to him on account of Mr. Edward Jones's bond of a Hundred Pounds; which sums made in all Thirty-five Pounds Thirteen Shillings: And whereas Mr. Samuel Stubbs, dying on or about December 12, 1756, left the following clause in his Will: L give and bequeath unto Mr. William Bowyer, of Hatton Garden, London, Printer, the Sum of Thirty-one Pounds Ten Shillings (willing him to take it as a part of my late nephew James Bonwicke's estate) and to dispose of it as he shall think proper;' by which clause the said Mr. William Bowyer, having received Thirty-one Pounds Ten Shillings, hath thought proper to dispose of Twenty-four Pounds Seven Shillings to me: I hereby acknowledge to have received the said Twenty-four Pounds Seven Shillings; which, with the suns before received by my wife and myself, amounting to Sixty Pounds, is in full of the intended legacy of Mr. James Bonwicke to my wife, and of the utmost intention of the late Mr. Samuel Stubbs. Witness our hands, MARGARET ANDREWS." "EDWARD ANDREWS, "Received of Mr. William Bowyer, each of us respectively, Two Pounds Eight Shillings, the sum which he hath thought proper to dispose of in pursuance of the before-mentioned clause in the late Mr. Samuel Stubbs's Will. sire also that Twenty Pounds may be laid out in the building of a monument for my dear F. and M.; I desire that One Hundred Pounds may be disposed of to augment two poor livings particularly where my friends Mr. B. C. Mr. G. H. Mr. R. M. or Mr. M. B. may be incumbents; and One other Hundred Pounds, whose annual product for eight years may be given to two poor children born in the year of my decease in the parishes of Mickleham or Headley, and to be nominated by the vicar of Leatherhead and the rectors of Mickleham and Headley; I leave my cabinet of medals to my dear friend Mr. William Bowyer, Junior; to whom I bequeath all my other goods and chattels whatsoever; I appoint him likewise executor to this my last Will and Testament." In 1725, Mr. Chishull issued proposals for printing by subscription, from the press of Mr. Bowyer, a continuation of his learned researches, which was thus announced: "Lectori pλɛλλŋi salutem. Accipe, benevole Lector, Teiam, quam promiseram, Inscriptionem, Sigeæ isti et ætate et raritate proximam; specimen futuri operis, quod, quò maturius ac felicius è prelo prodire possit, humanitatem nunc vestram ambit. Titulum feret: Antiquitatum Asiaticarum Reliquiæ: sive nobiliores quædam ab Asia Minores Inscriptiones Græcæ. Opus in tres Partes divisum.'-Prima dabit Inscriptionum duarum Sigearum, oum commentario et notis, editionem novam. Accedent eidem Latina Monumenta duo: unum Ancyranum; ex autographis Schedis Tournefortianis, longè quàm ante auctius et emendatius: alterum Stratonicense; ex Itinerario Sherardiano nunc primum in lucem datum.-Secunda complectetur Inscriptionum Græcarum seriem, numero circiter trecentarum, partem longè maximam hactenus ineditarum, à Teo, Lebedo, Epheso, Mileto, Stratoniceâ, Magnesiâ ad Mæandrum, Trallibus, Aphrodisiade, Laodiceâ, Hierapoli, Philadelphia, Sardibus, Thyatiris, Pergamo, Lesbo Insulâ, |